도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date of sentencing.
Punishment of the crime
On March 28, 2008, the Defendant was sentenced to imprisonment with prison labor for four months, two years of suspended execution, and six months of September 11, 2008 by the same court for the same crime, etc. at the Ansan Branch of the Suwon District Court. < Amended by Act No. 883, Sep. 28, 2008>
As above, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act more than twice, was driving Bone Star car under the influence of alcohol content of about 0.094% from the section of approximately 500 meters of alcohol to the road in front of 689, around February 20, 2014, at around 21:07, the Defendant was under the influence of alcohol at approximately 0.094% of alcohol level.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. Previouss before ruling: Criminal history records, inquiry reports, and the application of Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act on probation, community service, and lecture attendance order has been punished for the same kind of crime several times, and in particular, on September 11, 2008, the defendant again committed the crime of this case even though he had a record of being sentenced to imprisonment for 6 months due to drinking driving.
However, after the above sentence has been imposed, there is no history of criminal punishment prior to the crime of this case, and there is a duty to support the elderly and wife, and the three children, and the attitude of recognizing their mistakes and understanding them in depth are shown. In full view of various sentencing factors indicated in the arguments and records of this case, the punishment shall be determined as per the order.